Temporary Visitor’s Visa [“9[a] Visa”]
A 9[a] Visa is issued by the Philippine Bureau of Immigration [“BI”] to foreign nationals who come to the Philippines, whether for tourism, business or medical purposes. A foreign national who has secured 9[a] Visa is not allowed to work in the Philippines. The type of allowable “business” that is stipulated in the conditions of a 9[a] Visa is limited to the conduct of meetings, negotiations of contracts, and attendance in conferences. In particular, those coming to the Philippines seeking to avail of a 9[a] Visa for Business must have the following documentation:
- An original letter of invitation from a reference person or company in the Philippines. The letter must be signed by the authorized company signatory and notarized in the Philippines; and
- An official letter from the company where the foreign national is employed mentioning the reason/s for the employee's travel to the Philippines and expected duration of stay.
Generally, a 9[a] Visa is granted upon arrival in the Philippines and is valid for one [1] month. It can be extended for an initial period of one [1] to two [2] months and can be longer depending on the circumstances of the foreign national. Foreign nationals availing of a 9[a] Visa must hold a round-trip ticket which must be presented before the Philippine immigration authorities upon arrival at the port of entry in the Philippines.
Please note, however, that those who are classified as ‘visa-required foreign nationals’ are required to secure an entry Visa prior to their arrival in the Philippines. These foreign nationals must apply and secure a 9[a] Visa at the Philippine Embassy or Consulate at their country of origin or place of legal residence. As such, for certain nationalities, a 9[a] Visa is not automatically granted upon arrival to the Philippines.
As an exception, visa-required Indian and Chinese Nationals may enter the Philippines purely for tourism purposes only and for a limited period of time provided that they are holders of valid visas issued by countries such as Australia, Canada, Japan, a Schengen country or the United States of America. Those seeking this exception must comply with the following requirements:
- Possess a national passport valid for at least six [6] months beyond the contemplated stay in the Philippines;
- Hold a valid ticket for return journey to his/her country of origin or next country of destination; and
- Have no derogatory record with the BI.
Work Permits
Foreign nationals planning to work in the Philippines are required to secure a work permit and/or employment Visa which can be obtained from the Department of Labor and Employment [“DOLE”] and BI.
Special Work Permit issued by the BI
A foreign national who holds a 9[a] Visa and seeks to engage in employment in the Philippines for a short period of time may apply for a Special Work Permit [“SWP”]. An SWP is a work permit issued by the BI to foreign nationals with short-term employment/assignments not exceeding six [6] months in the Philippines. An SWP can only generally be applied for by individuals who are considered consultants or specialists. In addition, they must be at least twenty-five [25] years old at the filing of the application with the BI.
A company registered in the Philippines must serve as the petitioner of the foreign applicant. An SWP is valid for three [3] months, and extendable for another three [3] months once within a given year. During the course of the SWP’s validity, the status of the foreign national remains as a tourist, and the foreign national will still be required to present a return ticket. As such, if necessary, a 9[a] Visa extension must be undertaken so as to coincide with the term of the SWP. An application for an SWP normally takes one [1] to three [3] weeks to process.
Alien Employment Permit issued by the DOLE
The Alien Employment Permit [“AEP”] is for longer work assignments or contracts. This permit authorizes a foreign national to engage in gainful activities provided that no domestic manpower is available for the particular designation. Depending on the nature of the work and corporation involved, a Department of Justice [“DOJ”] Authority to Employ may have to be secured first if the job falls under the professions mentioned in the Philippine’s Negative List. The duration of the AEP is co-terminus with the duly executed employment contract. Pending the approval of the work Visa being processed by the BI, the applicant who wishes to stay in the country even with an AEP should continuously update his/her immigration status by extending his/her 9[a] Visa. An AEP takes two [2] to three [3] weeks to process.
Please note that an AEP [or an application thereof] is a prerequisite for the issuance of the following:
- A Provisional Work Permit; and
- Work Visa [such as a 47a2 Visa or 9[g] Visa].
Provisional Work Permit issued by the BI
A Provisional Work Permit [“PWP”] refers to a work permit issued to foreign nationals who currently hold a 9[a] Visa but wish to commence work in the Philippines while the approval of their 9[g] Visa is in progress. A PWP is valid for three [3] months and is extendible until the 9[g] Visa is approved and implemented. A PWP is also applicable for those who intend to commence employment while their AEP is pending approval with the DOLE. As a work permit, a foreign national will still be on his/her 9[a] Visa.
Work Visa
Pre-Arranged Employees [Commercial] Visa under Section 9[g] and Section 20 of the Commonwealth Act No. 613 [“9[g] Visa”]
The 9[g] Visa is the most common type of work Visa availed of by foreign nationals intending to engage in gainful employment in the Philippines. With a 9[g] Visa, a foreign national is entitled to legitimately work and stay in the Philippines for a duration approved by the BI and is granted multi-entry privileges. The duration of the 9[g] Visa shall be for one [1] to three [3] years, renewable, but must at all times correspond to the foreign national’s employment contract.
Prior to securing a 9[g] Visa, the foreign national must first secure an AEP from the DOLE. A valid application for an AEP [if not the AEP itself] is a prerequisite for the application of a 9[g] Visa. Moreover, if a foreign employee is required to start working immediately, even while the 9[g] Visa is in process, a PWP can be applied for.
The processing duration of the 9[g] Visa usually takes one [1] to two [2] months from the date of the scheduled hearing by the BI. The 9[g] Visa is only applicable to the specific employer, meaning that in case the holder of the visa changes employer before expiry of the visa, the 9[g] Visa will be downgraded to a 9[a] Visa. However, foreign nationals who are promoted or who change position within the same company are exempted by the BI from being downgraded to a 9[a] Visa. Instead, these individuals will have to apply for new AEPs that correspond to their new positions and extend their 9[g] Visas along with their new AEPs.
A 9[g] Visa expires for the same period as that issued with an AEP, and it also expires together with the contract of employment, whichever comes first.
Upon approval and implementation of a 9[g] Visa, the BI will issue an ACR-I Card to the foreign national.
Section 47[A][2] of the Philippine Immigration Act of 1940 [“47a2 Visa”] approved by the DOJ
Section 47a2 of the Philippine Immigration Act of 1940 paved the way for the creation of special Visas, under special laws, for investors or employees of the Philippine Economic Zone Authority [“PEZA”] and/or Board of Investments registered companies. The 47a2 Visa requires the employer’s sponsorship and is valid for the duration of the contract/term of office or for one [1] year, whichever is shorter, and grants the foreign national multi-entry privileges. The 47a2 Visa is renewable every year.
A 47a2 Visa is a company-specific Visa that limits the percentage of foreign national employees to less than five percent [5%] of the company’s total workforce. Holders of this Visa in PEZA-registered corporations are exempted from the ACR I-Card requirement. Generally, applications for the issuance of 47a2 Visa must be filed at least two [2] months prior to the estimated date of arrival in the Philippines of a foreign national.
Other Types of Visas
The Special Resident Retiree’s Visa [“SRRV”] is a special non-immigrant visa for foreign nationals who are at least thirty-five [35] years old and who would like to make the Philippines their second home or investment destination. The SRRV is secured from the Philippine Retirement Authority [“PRA”].
Common Types of SRRV:
- SRRV Smile - A foreign national can get an SRRV Smile, which is for active/healthy retirees who opt to maintain an SRRV deposit of Twenty Thousand US Dollars [US$20,000.00] in any of the banks accredited by the PRA.
- SRRV Classic - A foreign national can also opt to secure an SRRV Classic, which is for active/healthy retirees who use their SRRV deposit into active investment such as the purchase of a condominium unit worth at least Fifty Thousand US Dollars [US$50,000.00] or long-term lease of house and lot.